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HomeMy WebLinkAboutCC 08-13-1990 ,A{ MINUl'ES OF THE ARDEN HIllS RmJIAR <XJUNCIL MEEl'ING MO~Y, AUGUST 13, 1990, 7:30 P.M. - CITY HALL Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 7:30 p.m. . ROLL CAlL '!he roll being called the following members were present: Mayor '!homas Sather, eouncil1nembers Nancy Hansen, Paul Malone, JoAnn Growe and 'Ihomas Mahowald. Also present: Attorney Jerry Filla, Planner John Bergly, Park Director John Buckley, Public Works SUpervisor Dan Winkel, Clerk Administrator Gary Berger and DepUty Clerk Catherine Iage. CALL 10 ORDER Item: Case 90-10, Meyer/Medlin. eouncil was referred to a memorandum from the Clerk Administrator dated 8-13-90, relative to the revised agerrla, which includes an additional Planning Commission Minor SUbdivision and variance, HaInline Avenue and Amble Road, ADOPl' REVISED AGENDA 8-13-90 Mahowald noved, seconded by Malone, to adopt the AugUst 13 Revised. Council Agenda, as suhnitted. Motion =ied unani1nously. (5-0) APPROVE MINUl'ES Councilmember Malone noted a minor typing error on page one of the 7-30-90 Council minutes; 2nd paragraph, 2nd sentence: change the word "discussion" to "discuss". Malone m:>ved, seconded by GrCMe, to approve the July 30 Council Minutes as ccrrected. Motion =ied unanimously. (5-0) . CONSENT Malone m:>ved, seconded by Hansen, to remove Item 4 (g): CALENDAR Final Payment and Change order f= Bergerson-caswell for Work at Kem Milling Site, fram the Consent Calendar and place it under "unfinished and New Business", Item 6 (h). Malone noved, seconded by Hansen, to adopt the Consent Calendar, as amended, and auth=ize execution of all necessary documents ccntained therein: a. Approve Canvassing Request from Teen suicide Prevention Task Force. b. App:lint Election Judges for 1990 Prllrary Election and Approve Pay In=ease. c. Approve Request to Attend National Park and Recreation Conference. d. Acknowledge city Hall Committee Report. e. Rescind Council Action Scheduling Cleveland Avenue Iroprovement Assessment Hearing 8-28-90. f. Approve Final Payment and Change order f= HRS Construction for Work at Kern Milling site. g. Approve List of Clabns and Payroll. Motion carried unanimously. (5-0) PUBLIC cx:lMMENI'S CXWUIINT; TREE Brad Lemberg, 1401 Skiles Lane, appeared before Council TRIMMING OJN'IRACI'OR to discuss his displeasure with the ccntractor hired by the city for rem:>val of d.i="~ trees. He stated the tree service personnel were uncooperative and lacking in public relations skills. . Lemberg stated he called the owner of the corrpany and did not receive a positive response to his ccrrplaints regardin:J personnel. . . . Minutes of the Arden Hills Regular Council Meeting, 8-13-90 Page 2 ro1PIAINT (Cont'd) Park Director Buckley stated the contractor sul:tnitted references from other cities utilizing their service; when checking references, the other cities offered no complaints and were very satisfied with the personnel work performance. He suggested the property owner may have had high expectations regarding the duties of the workers and explained the workers were ordered fram the property. Lemberg stated the workers were not ordered fram the property, only requested to pile the branches in the driveway. Council concurred to direct staff to contact the appropriate person at the tree service company and register the complaint received by Lemberg. CASE #90-11; SUP, aroRaI, HWY 96 & SNELLING, SAINTS VOIDDYMYR & OLGA UKRAINIAN aroRaI Council was referred to the Planner's report and Planning Commission minutes dated 8-1-90, and the correction to the Planner's report dated 8-8-90, regarding the Special Use Pennit application for a Church at Highway 96 and Snelling Avenue. 'Ihe Planner reviewed the Planning Commission reconunendation to approve the special use pennit, conditioned upon the approval of a revised site plan which addresses the concerns of the Planning Commission as relative to site coverage, in=eased landscaping, detailed plans for lighting and parking setbacks. eounci1mernber Malone recalled the proposal for a church at this location was discussed in a preliminary fashion in 1987 and at that tbne concern was expressed relative to the intense development of this small site, which nonnally results in the need for v-ariances from code requirements. He stated the Planning commission had also expressed the unwillingness to consider variances and suggested the applicant design the facilities to meet code requirements. Malone recalled that there was no opposition to utilization of the site for a church. He further advised that in 1987 MN/DOr was requesting cities limit a=ess onto Highway 96, due to a study being conducted at that tbne. 'Ihe Planner advised the main concern relative to the MN/DOr study was the =eation of excess traffic during peak hours. He explained churches do not nonnally conflict with "peak" traffic hours and he did not foresee MN/DOr opposition to providing an access onto Highway 96 at this location. Attorney Filla explained that approval of the special use pennit at this time will place the City in a difficult position of attempting to insure COI1'pCItibility with other uses in the area until such time as all the details of the plan are sul:tnitted; the preliminary plan sul:tnitted is not in compliance with code requirements and approval of the SUP does not guarantee these items will be approved during site plan review. Filla recommended Council defer action on this matter until such tbne as the applicant addresses all the concerns expressed by Planning Commission and Council in relation to the site plan and subnits detailed plans for the development of this site which are in compliance with code requirements. He advised the special use pennit approval nonnally is approved in conjunction with an a=eptable site plan, outlines conditions attached to approval, and states findings for approval of the SUP. . Minutes of the Arden Hills Regular Council Meeting, 8-13-90 Page 3 CASE #90-11 (Cont'd) Council am the Attorney agreed that deferring action on this matter does not suggest a church cannot be constructed on this site, merely that the configuration displayerl on this preliminary site plan does not meet code compliance am will not support the intensity of development proposed. Council encouragerl the applicant to continue negotiations for purchase of the residential property located northwest of this site. Ole::r Gregoret, representing the church J:uilding committee, stated the applicant will be willing to comply with removal of the three housing units from the site plan if a stipulation to do so is ilnposed by the Council. Vera Tanasiachuk, parishioner of the church congregation, explainerl she is one of the persons donating the lan::l for use as a church. She indicated future plans includerl a nursing home facility, however, the site is limited am that may be illlpossible. She staterl the main reason for donating the site is to construct the church arrl parish hall. Attorney Filla staterl the review process includes the consideration of a specific site plan to which the city can react, not just the concept of placing a church on the site. Council con=erl that the applicant should suJ:mit detailerl plans for the site plan, as requirerl by code, am at that tiIne b:Jth the SUP am site plan will be reviewerl for action. . Malone moverl, seconderl by Growe, to table action on Case #90-11, Special Use Permit am Site Plan Review for a House of Worship, Highway 96 arrl Snelling Avenue, until the Regular Council meeting held September 24, 1990, or a written request for an extension is receiverl by the applicant on that elate to exten:J. the tiIne, to allow the applicant time to address all Council arrl Planning Commission concerns relative to site plan code compliance, arrl to suhnit detailerl site plans which address lighting, landscaping am other amenities. Motion carrierl unanllnously. (5-0) CASE #90-09; SITE PLIIN REVIEW, SPORt'S CUlB, 4155 LEXINGTON AVE., DENNIS FOSI'ER Council was referred to the revised Planner's report elated 8-1-90, relative to the Site Plan Review for Ra~et Sports Courts at 4155 I.exington Avenue North, Dennis am Patricia Foster. . Planner Bergly advised the Chair of the Planning Commission am he met with the applicant to resolve some of the site am J:uilding issues discussed at the July 11 Planning Commission meeting. He explained llKlSt of the issues have been resolved by the applicant am a llUlch ilnproverl site plan was suJ:mitted. Council was referrerl to the Planning minutes elated 8-1-90, recommending approval of the air-supported structures am approval of Phase I of the site Plan, subject to conditions listed in the Planner's report am Planning Commission review of exterior building materials for Phase I and review of all sul:Gequent site development phases as each occurs. Councilmembers advised they did not receive the revised Planner's report on this matter . Councilmember Malone stated he is uncomfortable taking action on this matter, due to the numerous conditions attached to the Planning Commission recommendation for approval of the site plan. Minutes of the Arden Hills Regular Council Meeting, 8-13-90 Page 4 . Council1nember Mahowald expressed concenl re;JardirB' the tilne-frarne for phasing of the project. Dennis Foster explained the permanent structures will be constrocted as financing permits; no definite tiJne-frarne. CASE #90-09 (Cont'd) Council and applicant discussed the access easement from Control Data Corporation. Foster advised the document for access was provided to the City on 8-1-90. Council was referred to the report from Building Inspector Kriesel dated. 8-13-90, re;Jarding an a=ess road for emergency vehicles; Fire O1ief Winkel and. Kriesel agreed that a fire road should be installe:i on the south and. west sides of the site, and along the area separating the north and. south structures. Planner Bergly stated the applicant has agreed to install the fire road far ao::ess and. work with the Fire O1ief on the road design. Council con=e:i that this matter be delaye:i until such time as the Plarming Commission reviews the exterior J:uilding materials for the permanent structure and. the conditions outlined in the Planner's report of 8-1-90 have been addressed by the applicant. . Malone move:i, secome:i by Mahowald, to table Case #90-09, to the Regular Council meeting held September 10, to allow the applicant time to address the concerns outlined in the Planning Commission minutes dated. 8-1-90 and. sul:lnit information requested far Planning and Council review. Motion carried unani1nously. (5-0) CASE #90-10, MINOR SUED. & VARIANCE, HAMLINE AVE/AMBLE lID, MEYER/MEDLIN Council was referre:i to the Plarmer's report and Plarming Commission minutes dated 8-1-90, relating to the application far a minor subdivision of Lot 6, Borstad Division and lot area variance for two of the three lots proposed, James Meyer, Attorney for estate of Bernice Medlin . Planner Bergly advised the Planning Commission recommende:i approval of the minor subdivision, conditioned upon the four items listed in the Planner's report of 8-1-90 and with an additional comition that the existing home on LDt A be raze:i prior to issuance of J:uilding permits far aIr:! of the three lots. James Meyer explained the applicant has agreed to all the conditions suggested, however, he requested Council consider amerrling the condition relating to razing the existing dwelling. Meyer advised the incli vidual proposing to purchase the property intends to develop LDt C and requests razing the dwelling on Lot A be delaye:i until such time as a OOilding permit is sought for LDts A or B or within three years. council questioned if the dwelling is vacant. . Meyer advised the house is vacant at the present time and the purchaser plans to rent the home until such tilne as a new home is constructed on Lot C. Council questioned why the applicant did not consider subdividing the parcel into two lots which would meet ordinance requirements. Minutes of the Arden Hills Regular Council Meeting, 8-13-90 Page 5 . CASE #90-10 (COnt'd) Meyer explained that in researching sewer and water utilities it was noted that three utility stubs were installed in this area, which suggests initial planning for three lots. He noted the proposed lots are compatible with residential lots in this area, although they are below =ent lot area requirements. 'lhe Attorney reviewed the corxlitions for variance COllpliance in conj1.UlCtion with Minor SUJ:x:livisions, which differs scxnewhat from zoning code variance requirements. Malone moved, seconded by Mahowald, to approve Case #90-10, Minor SUbdivision of Lot 6, Barstad Division and Lot Area variance of 752 square feet for lDts B and C, based on the variance request meeting all provisions as required by SUb:livision Regulations, and subject to the following: 1. That the present driveway access to Harnline Avenue be removed as the new lot (A) will front on Amble Road. 2. That utility and drainage easements be provided to the city as required by the City Engineer. 3. That the City Attorney and Engineer approve the sul:division documents to be filed with Ramsey County. 4. That park dedication fees be paid to the city prior to issuance of blllding pennits for the three lots. 5. That the existing breezeway and garage on Lot A, which en=oach on Lot B, be removed :i1nmediately, and that the existing dwelling on Lot A be razed prior to issuance of a blllding permit for either lDt A or B, or within three years, whichever occurs first. . Motion carried unan:i1nously. (5-0) STATUS REPORI'; LEXINGTON/FOX STODY AREA, DRAFT REZONING Council was referred to a report from Clerk Administrator Berger dated 8-10-90, and a memorandum from Planner Bergly dated 8-13-90, relative to the Draft Zoning Districts for the I.exirgton/Fox Business District. Planner Bergly advised the Planning Commission reviewed the draft zoning districts d=urnent and 1I'ade some modifications prior to recammending Council action. He explained the draft has been prepared for suhnission to the Metropolitan Council for their review and input prior to scheduling any public hearings on the 1I'atter; a response should be returned within two months. Attorney Filla advised he will prepare an Ordinance which :imposes a moratorium on development in this area lIDtil such time as the rezoning has been accomplished; the d=urnent will be returned for Council action at their September 10 meeting. DRIVEWAY RFSIORATION; 1680 OAK AVE. DR. ALBJERG Council was referred to a letter from Attorney Filla dated 8-8-90 and a report from the Clerk Administrator dated 8-10-90, relative to the re:i1nbJrsement request from Dr. Albjerg for driveway restoration. . Attorney Filla advised the city's contractor did not do the restoration work; the work was done by a contractor hired by Dr. Albjerg with the Imowleclge and consent of the City. He recamrnended that the city rei.mb..1rse Dr. Albjerg in the amount of $2,065.00, which is approximately 40 percent of the City's contract costs. Filla explained this was anticipated when the assessment roll was prepared and has been included in the costs. Minutes of the Arden Hills Regular Council Meeting, 8-13-90 Page 6 . DRIVEWAY (Cont'd) Clerk Administrator Berger reported on settlement problems, which may be due to illlproper compaction by the contractor. He explained that Engineer Peters from sm is checkin:r into the problem and will report on the matter. Berger stated the City's contractor will be responsible for costs associated with the settlement problems. Malone moved, sec:orrled by Growe, that Council authorize the payment to Dr. A1.bjerg in the amount of $2,065.00, for driveway rest=ation work performed by his contractor in conjunction with the recent City illlprovement on Oak Avenue. Motion carried unanimously. (5-0) AP:roINIMENr; AD HOC ECON<:MIC DEVLPMI'. cn1MISSION Council was referred to a memorandum fram the Clerk Administrator dated 7-31-90, recommending appointment of volunteers to serve on the Economic Development Commission. Mayor Sather recamrnerx:1ed appointment of the seven (7) in:1ividuals listed in Berger's report; noted this will be an Ad Hoc Commission. Mahowald moved, seconded by Malone, to ratify Mayor Sather's appointments to the Ad Hoc Economic Development Commission, as listed in the 7-31-90 report of Clerk Administrator Berger. Motion carried unanimously. (5-0) . DRAFT CmZEN SURVEY Council was referred to the memorandum from Clerk Administrator Berger dated 8-9-90, regarding the draft citizen survey prepared by Decision Resources. Bill Mo=is, Decision Resources, was present to review the draft doc:ument with Council and answer any questions. Council reconunen:led several changes in the document and requested Mo=is amend the d=ument for inclusion on the August 27 Regular Council agenda. Council requested staff prepare a news release for publication in the Town Crier and on the Cable TV channel advising residents of the upcoming survey and requesting citizen cooperation. R:Er,lUFST FINAL PAYMENT; BERGERSON-cASWELL, KEM MILLING SITE Council was referred to a report from the Clerk Administrator dated 8-10-90, relative to the request for final payment frOlll Bergerson Caswell, Inc., in conjunction with work performed at the Kern Milling site. Council1nember Malone and Mayor Sather recalled Bergerson Caswell agreed to bill the City on a "time and materials" basis for the ent:ire project; requested time and materials infonnation be fon<arded to Council prior to payment of final statement. Clerk Administrator Berger recalled Bergerson Caswell agreement to bill on a time and materials basis if the amount was under the bid amount. . Council directed staff to request a time and materials document frOlll Bergerson Caswell relative to work performed at the Kern Milling site, prior to approval of final payment. . . .~' . Minutes of the Arden Hills Regular Council Meet:in:;J, 8-13-90 Page 7 rotlNCTI., WolMENl'S RCLIG MEEI'ING Councillnember Hansen advised the Ramsey county Sheriff Department services will l:e discussed at the RCLlG meet:in:;J scheduled for Weclnesday, 8-15-90; suggested a representative atterrl. RECREATIONAL VEH. S'IORAGE Councillnember Hansen questioned the status of enf=cement of the storage of recreational vehicles; questioned if a survey of s=ourxlin:J communities was aCCOllq)lished. Council directed staff to research the status of this matter arxi report at the 8-27-90 Council meet:in:;J. Council questioned if a meet:in:;J with the Katie lane residents is scheduled, regarding easement encroachments. Public W=ks SUpervisor Winkel stated he will l:e schedul:in:;J a meet:in:;J within two weeks. SCHEDULE MIG. MEEI'lNG Mayor Sather advised the newly formed Coalition of Environmental cities will meet 8-16-90, at 4:30 p.m. at Minnetonka city Hall. ADJOURN Mahowald moved, seconded by Hansen, to adjourn the meet:in:;J at 10:00 p.m. Motion carried unanimously. (5-0) Gary R. Berger Clerk Administrator ThOlt'aSR.Sather Mayor NOI'ICE OF MEEI'INGS The next Regular Council Meeting will l:e held on Morrlay, August 27, 1990, at 7:30 p.m., at City Hall.